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COMMONWEALTHAct
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s 71G

Debts where provider approval is suspended cancelled or varied

In force
Volume 1Parts 1 to 5 (sections 1 to 152D)
Part 4Overpayments and debt recovery
Division 2Amounts recoverable under this Act

71G Debts where provider approval is suspended cancelled or varied

(1)

If:

(a)

an amount is paid to a provider under the family assistance law; and

(b)

before the payment is made:

(i)

the provider’s approval, or the provider’s approval in respect of a service, is suspended by operation of section 197AB; or

(ii)

the provider’s approval is cancelled by operation of subsection 197L(1); or

(iii)

the provider’s approval is varied to remove a service from the approval by operation of subsection 197L(3); and

(c)

because of that suspension, cancellation or variation, the recipient should not have been paid the amount;

the amount paid is a debt due to the Commonwealth by the provider.

(2)

If:

(a)

a fee reduction amount is paid to a provider under section 67EB in relation to a session of care provided by a child care service of the provider on a day; and

(b)

after the payment is made, one of the following events occurs and takes effect on or before the day:

(i)

the provider’s approval is cancelled or suspended (other than by operation of section 197AB or subsection 197L(1));

(ii)

the provider’s approval is varied to remove the service from the approval (other than by operation of subsection 197L(3));

(iii)

the provider’s approval in respect of the service is suspended (other than by operation of section 197AB);

so much of the fee reduction amount as relates to the session of care is a debt due to the Commonwealth by the provider.

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